BILL NUMBER: AB 205	CHAPTERED  06/09/00

	CHAPTER   33
	FILED WITH SECRETARY OF STATE   JUNE 9, 2000
	APPROVED BY GOVERNOR   JUNE 9, 2000
	PASSED THE ASSEMBLY   MAY 30, 2000
	PASSED THE SENATE   MAY 25, 2000
	AMENDED IN SENATE   MAY 18, 2000
	AMENDED IN SENATE   MARCH 16, 2000
	AMENDED IN ASSEMBLY   JANUARY 14, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Leach
   (Principal coauthor:  Senator Alpert)

                        JANUARY 21, 1999

   An act to amend Sections 1277 and 1278 of the Code of Civil
Procedure, and to amend Sections 6205, 6205.5, 6206.5, 6206.7, 6208,
and 6210 of, and to add Section 6206.4 to, the Government Code,
relating to domestic violence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 205, Leach.  Domestic violence:  name change.
   Existing law requires a court in an action for a change of name to
publicize the petition and the name of the petitioner, as specified.
  Existing law also establishes a program to provide for the
confidentiality of the address of victims of domestic violence.
Under the program, a victim or a person acting on behalf of a minor
or incapacitated person may apply to have an address designated by
the Secretary of State serve as the person's address for various
purposes, including service of process.  Under existing law if a
program participant obtains a name change, he or she loses
certification as a program participant.  Existing law also requires
the Secretary of State to report to the Legislature regarding the
confidentiality program for victims of domestic violence, as
specified.
   This bill would provide that when a person who is a participant in
the domestic violence confidentiality program brings a petition for
a change of name, the petition, the order of the court, and the copy
of the order to be published, shall indicate, in lieu of the proposed
name, that the name is confidential and on file with the Secretary
of State.  This bill would further require that the Secretary of
State keep confidential the name changes made by participants in the
confidentiality program, and that the Secretary of State may cancel a
person's certification in the program if the person changes his or
her name and fails to notify the Secretary of State within 7 days of
the change.  This bill would also eliminate provisions that allow the
Secretary of State to disclose information about a participant in
the confidentiality program when the person is terminated from the
program.  This bill would also provide that a program participant's
changed name shall not be available for inspection and copying,
except as specified.  This bill would further require the Secretary
of State to report to the Legislature the number of program
participants who obtained a confidential name change, as specified.
The bill would make additional, related changes to take effect only
if SB 1318 is chaptered and becomes operative, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1277 of the Code of Civil Procedure is amended
to read:
   1277.  (a) Where an action for a change of name is commenced by
the filing of a petition, except as provided in subdivision (b), the
court shall thereupon make an order reciting the filing of the
petition, the name of the person by whom it is filed and the name
proposed, and directing all persons interested in the matter to
appear before the court at a time and place specified, which shall be
not less than four or more than eight weeks from the time of making
the order, to show cause why the application for change of name
should not be granted.  A copy of the order to show cause shall be
published pursuant to Section 6064 of the Government Code in a
newspaper of general circulation to be designated in the order
published in the county.  If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall be
posted by the clerk of the court in three of the most public places
in the county in which the court is located, for a like period.
Proof shall be made to the satisfaction of the court of this
publication or posting, at the time of the hearing of the
application.
   Four weekly publications shall be sufficient publication of the
order to show cause.  If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
   Where a petition has been filed for a minor and the other parent,
if living, does not join in consenting thereto, the petitioner shall
cause, not less than 30 days prior to the hearing, to be served
notice of the time and place of the hearing or a copy of the order to
show cause on the other parent pursuant to Section 413.10, 414.10,
415.10, or 415.40.
   (b) Where the petition for a change of name alleges that the
reason for the petition is to avoid domestic violence, as defined in
Section 6211 of the Family Code, and the petitioner is a participant
in the address confidentiality program created pursuant to Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, the petition, the order of the court, and the copy
published pursuant to subdivision (a) shall, in lieu of reciting the
proposed name, indicate that the proposed name is confidential and
will be on file with the Secretary of State pursuant to the
provisions of the address confidentiality program.
   (c) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
  SEC. 1.5.  Section 1277 of the Code of Civil Procedure is amended
to read:
   1277.  (a) Where an action for a change of name is commenced by
the filing of a petition, except as provided in subdivision (b), the
court shall thereupon make an order reciting the filing of the
petition, the name of the person by whom it is filed and the name
proposed, and directing all persons interested in the matter to
appear before the court at a time and place specified, which shall be
not less than four or more than eight weeks from the time of making
the order, to show cause why the application for change of name
should not be granted.  A copy of the order to show cause shall be
published pursuant to Section 6064 of the Government Code in a
newspaper of general circulation to be designated in the order
published in the county.  If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall be
posted by the clerk of the court in three of the most public places
in the county in which the court is located, for a like period.
Proof shall be made to the satisfaction of the court of this
publication or posting, at the time of the hearing of the
application.
   Four weekly publications shall be sufficient publication of the
order to show cause.  If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
   Where a petition has been filed for a minor and the other parent,
if living, does not join in consenting thereto, the petitioner shall
cause, not less than 30 days prior to the hearing, to be served
notice of the time and place of the hearing or a copy of the order to
show cause on the other parent pursuant to Section 413.10, 414.10,
415.10, or 415.40.
   (b) Where the petition for a change of name alleges that the
reason for the petition is to avoid domestic violence, as defined in
Section 6211 of the Family Code, or stalking, as defined in Section
646.9 of the Penal Code, and the petitioner is a participant in the
address confidentiality program created pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, the petition, the order of the court, and the copy
published pursuant to subdivision (a) shall, in lieu of reciting the
proposed name, indicate that the proposed name is confidential and
will be on file with the Secretary of State pursuant to the
provisions of the address confidentiality program.
   (c) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
  SEC. 2.  Section 1278 of the Code of Civil Procedure is amended to
read:
   1278.  (a) Except as provided in subdivision (b), the application
shall be heard at the time designated by the court, only if
objections are filed by any person who can, in those objections, show
to the court good reason against the change of name.  At the
hearing, the court may examine on oath any of the petitioners,
remonstrants, or other persons, touching the application, and may
make an order changing the name, or dismissing the application, as to
the court may seem right and proper.
   If no objection is filed the court may, without hearing, enter the
order that the change of name is granted.
   (b) Where the provisions of subdivision (b) of Section 1277 apply,
the court shall not disclose the proposed name unless the court
finds by clear and convincing evidence that the allegations of
domestic violence in the petition are false.
   (c) Where the application for a change of name is brought as part
of an action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), the hearing on the
issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing
is conducted upon an order to show cause or upon trial.
  SEC. 2.5.  Section 1278 of the Code of Civil Procedure is amended
to read:
   1278.  (a) Except as provided in subdivision (b), the application
shall be heard at the time designated by the court, only if
objections are filed by any person who can, in those objections, show
to the court good reason against the change of name.  At the
hearing, the court may examine on oath any of the petitioners,
remonstrants, or other persons, touching the application, and may
make an order changing the name, or dismissing the application, as to
the court may seem right and proper.
   If no objection is filed the court may, without hearing, enter the
order that the change of name is granted.
   (b) Where the provisions of subdivision (b) of Section 1277 apply,
the court shall not disclose the proposed name unless the court
finds by clear and convincing evidence that the allegations of
domestic violence or stalking in the petition are false.
   (c) Where the application for a change of name is brought as part
of an action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), the hearing on the
issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing
is conducted upon an order to show cause or upon trial.
  SEC. 3.  Section 6205 of the Government Code is amended to read:
   6205.  The Legislature finds that persons attempting to escape
from actual or threatened domestic violence frequently establish new
names or addresses in order to prevent their assailants or probable
assailants from finding them.  The purpose of this chapter is to
enable state and local agencies to respond to requests for public
records without disclosing the changed name or location of a victim
of domestic violence, to enable interagency cooperation with the
Secretary of State in providing name and address confidentiality for
victims of domestic violence, and to enable state and local agencies
to accept a program participant's use of an address designated by the
Secretary of State as a substitute mailing address.
  SEC. 4.  Section 6205.5 of the Government Code is amended to read:

   6205.5.  Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
   (a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
   (b) "Domestic violence" means an act as defined in Section 6211 of
the Family Code.
   (c) "Program participant" means a person certified as a program
participant under Section 6206.
  SEC. 5.  Section 6206.4 is added to the Government Code, to read:
   6206.4.  The Secretary of State shall keep confidential name
changes of program participants obtained pursuant to subdivision (b)
of Section 1277 of the Code of Civil Procedure.  The Secretary of
State shall have the same responsibilities and obligations to program
participants who have obtained a name change as to any other program
participant under this chapter.
  SEC. 6.  Section 6206.5 of the Government Code is amended to read:

   6206.5.  (a) The Secretary of State may cancel a program
participant's certification if there is a change in the residential
address from the one listed on the application, unless the program
participant provides the Secretary of State with at least seven days'
prior notice of the change of address.
   (b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
   (c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
   (d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
   (e) Any records or documents pertaining to a program participant
shall be retained and held confidential for a period of three years
after termination of certification and then destroyed.
  SEC. 7.  Section 6206.7 of the Government Code is amended to read:

   6206.7.  (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card.  Certification shall be terminated on the date
of receipt of this notification.
   (b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
   (1) The program participant's certification term has expired and
certification renewal has not been completed.
   (2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
   (3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
   (4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
   (c) If termination is a result of paragraph (1), (3), or (4) of
subdivision (b), the address confidentiality program manager shall
send written notification of the intended termination to the program
participant.  The program participant shall have five business days
in which to appeal the termination under procedures developed by the
Secretary of State.
   (d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, county recording office, and
department of health of the program participant's certification
withdrawal, invalidation, expiration, or termination.
   (e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record.
  SEC. 8.  Section 6208 of the Government Code is amended to read:
   6208.  The Secretary of State may not make a program participant's
address, other than the address designated by the Secretary of
State, or a program participant's name change available for
inspection or copying, except under any of the following
circumstances:
   (a) If requested by a law enforcement agency, to the law
enforcement agency.
   (b) If directed by a court order, to a person identified in the
order.
   (c) If certification has been canceled.
  SEC. 9.  Section 6210 of the Government Code is amended to read:
   6210.  (a) Notwithstanding Section 7550.5, the Secretary of State
shall submit to the Legislature, no later than January 10 of each
year, a report that includes the total number of applications
received for the program established by this chapter.  The report
shall disclose the number of program participants within each county
and shall also describe any allegations of misuse relating to
election purposes.
   (b) The Secretary of State shall commence accepting applications
and other activities under this program on July 1, 1999.
   (c) Notwithstanding Section 7550.5, the Secretary of State shall
submit to the Legislature by January 1, 2004, a report that includes
the total number of pieces of mail forwarded to program participants,
the number of program participants during the program's duration,
the number of program participants who obtained a confidential name
change pursuant to subdivision (b) of Section 1277 of the Code of
Civil Procedure, the average length of time a participant remains in
the program, and the targeted code changes needed to improve the
program's efficiency and cost-effectiveness.
  SEC. 10.  Sections 1.5 and 2.5 of this act shall take effect and
become operative only if Senate Bill 1318 of the 1999-2000 Regular
Session is enacted and the amendments to Sections 6205, 6205.5, 6206,
6208.5, and 6209.7 of the Government Code proposed by that bill
become operative, in which case Sections 1 and 2 of this act shall
not become operative.
